Tinubu's Emergency Declaration In Rivers: The Legal Debate

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Anderson Cooper here, and I’ve got a story that’s been making waves across Nigeria. The President of the Nigeria Bar Association, Afam Osigwe, is speaking out against the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly by President Bola Tinubu. It’s a bold move, and the legal community is paying close attention.

As reported by Naija News, both the House of Representatives and the Senate, on Thursday, upheld President Tinubu’s declaration of a state of emergency in Rivers State. The lawmakers also endorsed the suspension of Governor Fubara, his deputy, and members of the state legislature. But here’s the kicker—many legal experts, including Osigwe, are questioning whether these actions align with the Nigerian Constitution.

Osigwe: The Constitution Speaks Clearly on Removing a Governor

In an exclusive interview with Arise News, Afam Osigwe, a Senior Advocate of Nigeria (SAN), made it crystal clear: the Nigerian Constitution outlines specific procedures for removing a sitting governor. He stressed that even in times of crisis, the rule of law must prevail. Osigwe pointed out that while intelligence may have prompted President Tinubu to declare a state of emergency, the process must still adhere to constitutional standards.

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“Listen, sometimes intelligence gathering can be tricky. Gossip, hearsay, or even unverified reports might pass as intelligence,” Osigwe explained. “But here’s the thing: even if there’s intelligence we don’t know about, does it meet the constitutional threshold for declaring a state of emergency? I don’t think so. We haven’t crossed that line.”

Gray Areas? Not According to Osigwe

Osigwe doesn’t believe there’s any gray area when it comes to removing a governor. “Some people argue that suspension isn’t the same as removal. That’s just being clever with words. Suspension effectively terminates your ability to perform your duties. It’s a removal, plain and simple. And if section 188 of the Constitution doesn’t mention a state of emergency as grounds for removing a governor, then there’s no gray area at all,” he emphasized.

“Section 11 of the Constitution outlines what can happen during a state of emergency, and removing a governor isn’t on the list. In fact, the Constitution explicitly states that the state assembly can still make laws concurrently with the National Assembly during such periods. This isn’t about dismantling democratic institutions or sidelining elected officials. A state of emergency is meant to allow the President to take extraordinary measures to resolve an issue, not to override the will of the people,” Osigwe added.

He posed a rhetorical question: “If declaring a state of emergency means removing elected officials, does it also mean the President’s office could be declared vacant during a national emergency? Of course not. That’s why we have checks and balances. Without them, a president could become a dictator overnight, using emergencies as an excuse to bypass the Constitution. That’s the real danger here, and it’s what’s so concerning about the situation in Rivers State.”

The debate continues, and as always, the Constitution stands as the ultimate guide. Whether this issue will lead to further legal challenges remains to be seen. For now, all eyes are on Rivers State and how this unfolds in the coming days.